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ESTATE OF FRANKAM STIFTUNG, as Grantor

ESTATE OF FRANKAM STIFTUNG, as Grantor (81/0866) — Before the court are multiple petitions seeking payment of attorneys' fees incurred in the preparation of certain trust accountings filed by Hugo ("Hugo") Beit and Erwin ("Erwin") Beit, co-fiduciaries and beneficiaries of the above-named trusts, and by JPMorgan Chase ("Chase"), the corporate trustee. In November, 1990, Erwin filed a petition for judicial settlement of his intermediate account in the Frankham Trust for the period May 1, 1965 through April 26, 1989, and the Herbalisa Trust for the period May 1, 1965 through January 5, 1989. Erwin objected to certain transactions he attributed to his co-fiduciary and brother, Hugo, accusing him of breaching his fiduciary duties by making investments that benefitted income beneficiaries to the detriment of remainderpersons. Erwin sought Hugo's removal as trustee, as well as restitution and damages.

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ESTATE OF FRANKAM STIFTUNG, as Grantor (81/0866) — Before the court are multiple petitions seeking payment of attorneys’ fees incurred in the preparation of certain trust accountings filed by Hugo (“Hugo”) Beit and Erwin (“Erwin”) Beit, co-fiduciaries and beneficiaries of the above-named trusts, and by JPMorgan Chase (“Chase”), the corporate trustee. In November, 1990, Erwin filed a petition for judicial settlement of his intermediate account in the Frankham Trust for the period May 1, 1965 through April 26, 1989, and the Herbalisa Trust for the period May 1, 1965 through January 5, 1989. Erwin objected to certain transactions he attributed to his co-fiduciary and brother, Hugo, accusing him of breaching his fiduciary duties by making investments that benefitted income beneficiaries to the detriment of remainderpersons. Erwin sought Hugo’s removal as trustee, as well as restitution and damages.

In July 1992 Hugo filed two cross petitions asserting that he fully informed Erwin of all transactions, to which Erwin failed to object timely.

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